S T A T E O F N E W Y O R K
________________________________________________________________________
8119
2025-2026 Regular Sessions
I N S E N A T E
May 15, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to enacting the
"community solar opportunity and local approval reform (Community
SOLAR) act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "community solar opportunity and local approval reform (Community
SOLAR) act".
§ 2. The general municipal law is amended by adding a new section 79
to read as follows:
§ 79. COMMUNITY SOLAR OPPORTUNITY AND LOCAL APPROVAL REFORM (COMMUNITY
SOLAR) ACT. 1. AS USED IN THIS SECTION:
(A) "DISTRIBUTED GENERATION ENERGY FACILITY" MEANS ANY SOLAR PHOTOVOL-
TAIC SYSTEM OR ENERGY STORAGE SYSTEM WITH A NAMEPLATE CAPACITY OF FIVE
THOUSAND KILOWATTS AC OR LESS;
(B) "FACILITY OWNER" MEANS (I) A PERSON OR CORPORATE ENTITY WITH A
DIRECT OWNERSHIP INTEREST IN A DISTRIBUTED GENERATION ENERGY FACILITY,
REGARDLESS OF WHETHER THE PERSON IS INVOLVED IN ACQUIRING THE NECESSARY
RIGHTS, PERMITS, AND APPROVALS OR OTHERWISE PLANNING FOR THE
CONSTRUCTION AND OPERATION OF THE FACILITY; AND (II) AT THE TIME THE
FACILITY IS BEING DEVELOPED, A PERSON WHO IS ACTING AS A DEVELOPER OF
THE FACILITY BY ACQUIRING THE NECESSARY RIGHTS, PERMITS, AND APPROVALS
OR BY PLANNING FOR THE CONSTRUCTION AND OPERATION OF THE FACILITY,
REGARDLESS OF WHETHER THE PERSON WILL OWN OR OPERATE THE FACILITY;
(C) "NON-PARTICIPATING PROPERTY" MEANS REAL PROPERTY THAT IS NOT A
PARTICIPATING PROPERTY;
(D) "AUTHORITY HAVING JURISDICTION" MEANS ANY MUNICIPAL CORPORATION
WITH AUTHORIZATION TO ADOPT ZONING AND PERMITTING REGULATIONS GOVERNING
THE PLACEMENT, CONSTRUCTION, MODIFICATION AND/OR OPERATION OF A DISTRIB-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13087-02-5
S. 8119 2
UTED GENERATION ENERGY FACILITY WITHIN ITS BORDERS. "AUTHORITY HAVING
JURISDICTION" SHALL ALSO INCLUDE ANY AGENCY OF SAID MUNICIPAL CORPO-
RATION WITH AUTHORIZATION TO ISSUE LAND USE APPROVALS SUCH AS, INTER
ALIA, SITE PLAN APPROVALS, SPECIAL USE PERMITS, USE VARIANCES, AREA
VARIANCES, AND SUBDIVISION AUTHORIZATIONS;
(E) "NON-PARTICIPATING RESIDENCE" MEANS A RESIDENCE THAT IS LOCATED ON
NON-PARTICIPATING PROPERTY AND THAT IS EXISTING AND OCCUPIED ON THE DATE
THAT AN APPLICATION FOR A PERMIT TO DEVELOP THE DISTRIBUTED GENERATION
ENERGY FACILITY IS FILED WITH THE AUTHORITY HAVING JURISDICTION;
(F) "OCCUPIED COMMUNITY BUILDING" MEANS ANY ONE OR MORE OF THE FOLLOW-
ING EXISTING BUILDINGS OCCUPIED ON THE DATE THAT THE APPLICATION FOR A
PERMIT TO DEVELOP THE DISTRIBUTED GENERATION ENERGY FACILITY IS FILED
WITH THE AUTHORITY HAVING JURISDICTION: A SCHOOL, PLACE OF WORSHIP, DAY
CARE FACILITY, PUBLIC LIBRARY, OR COMMUNITY CENTER;
(G) "PARTICIPATING PROPERTY" MEANS REAL PROPERTY THAT IS THE SUBJECT
OF A WRITTEN AGREEMENT BETWEEN A FACILITY OWNER AND THE OWNER OF THE
REAL PROPERTY THAT PROVIDES THE FACILITY OWNER AN EASEMENT, OPTION,
LEASE, OR LICENSE TO USE THE REAL PROPERTY FOR THE PURPOSE OF CONSTRUCT-
ING AND/OR OPERATING A DISTRIBUTED GENERATION ENERGY FACILITY, OR
SUPPORTING FACILITIES. "PARTICIPATING PROPERTY" ALSO INCLUDES REAL PROP-
ERTY THAT IS OWNED BY A FACILITY OWNER FOR THE PURPOSE OF CONSTRUCTING A
DISTRIBUTED GENERATION ENERGY FACILITY, OR SUPPORTING FACILITIES;
(H) "PARTICIPATING RESIDENCE" MEANS A RESIDENCE THAT IS LOCATED ON
PARTICIPATING PROPERTY AND THAT IS EXISTING AND OCCUPIED ON THE DATE
THAT AN APPLICATION FOR A PERMIT TO DEVELOP THE DISTRIBUTED GENERATION
ENERGY FACILITY IS FILED WITH THE AUTHORITY HAVING JURISDICTION;
(I) "PROTECTED LANDS" MEANS REAL PROPERTY THAT IS:
(I) SUBJECT TO A PERMANENT CONSERVATION RIGHT; OR
(II) REGISTERED OR DESIGNATED AS A NATURE PRESERVE, BUFFER, OR LAND
AND WATER RESERVE; AND
(J) "SUPPORTING FACILITIES" MEANS THE TRANSMISSION LINES, SUBSTATIONS,
ACCESS ROADS, METEOROLOGICAL TOWERS, STORAGE CONTAINERS, AND EQUIPMENT
ASSOCIATED WITH THE GENERATION AND STORAGE OF ELECTRICITY BY THE
DISTRIBUTED GENERATION ENERGY FACILITY.
2. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN AUTHORITY HAVING
JURISDICTION SHALL ESTABLISH STANDARDS FOR DISTRIBUTED GENERATION ENERGY
FACILITIES. THE STANDARDS MAY INCLUDE ALL OF THE REQUIREMENTS SPECIFIED
IN THIS SUBDIVISION BUT MAY NOT INCLUDE REQUIREMENTS FOR DISTRIBUTED
GENERATION ENERGY FACILITIES THAT ARE MORE RESTRICTIVE THAN SPECIFIED IN
THIS SUBDIVISION.
(B) ANY AUTHORITY HAVING JURISDICTION THAT HAS ELECTED TO ESTABLISH
STANDARDS UNDER THIS SUBDIVISION SHALL HOLD A PUBLIC HEARING OR HEARINGS
REGARDING ANY APPLICATION OR APPLICATIONS SUBMITTED TO IT FOR LAND USE
APPROVALS TO ALLOW A DISTRIBUTED GENERATION ENERGY FACILITY. THE PUBLIC
HEARING OR HEARINGS SHALL BE HELD IN COMPLIANCE WITH THE STATE OPEN
MEETINGS LAW, ANY APPLICABLE PUBLIC HEARING REQUIREMENTS IN THE MUNICI-
PAL CODE OF AUTHORITY HAVING JURISDICTION, AND ANY OTHER APPLICABLE
PROVISIONS OF LAW. SAID PUBLIC HEARING SHALL BE HELD WITHIN NINETY DAYS
AFTER THE FILING OF THE APPLICATION FOR THE DISTRIBUTED GENERATION ENER-
GY FACILITY. THE AUTHORITY HAVING JURISDICTION SHALL MAKE ITS SITING AND
PERMITTING DECISIONS NOT MORE THAN THIRTY DAYS AFTER THE CONCLUSION OF
THE PUBLIC HEARING OR HEARINGS.
(C) ANY AUTHORITY HAVING JURISDICTION THAT RENDERS A SITING, PERMIT-
TING, VARIANCE, OR OTHER LAND USE DECISION REGARDING A DISTRIBUTED
GENERATION ENERGY FACILITY SHALL APPLY THE "PUBLIC UTILITY" STANDARDS
FOR SUCH APPROVALS AS SET FORTH IN CONSOLIDATED EDISON CO. V HOFFMAN, 43
S. 8119 3
N.Y.2D 598 (1978) AND MATTER OF CELLULAR TEL. CO. V ROSENBERG, 82 N.Y.2D
364 (1993) AND AS SUBSEQUENTLY EXPANDED AND APPLIED BY THE COURTS OF THE
STATE OF NEW YORK.
(D) AN AUTHORITY HAVING JURISDICTION WITH AN EXISTING ZONING ORDINANCE
IN CONFLICT WITH THIS SUBDIVISION SHALL AMEND SUCH ZONING ORDINANCE TO
BE IN COMPLIANCE WITH THIS SUBDIVISION WITHIN ONE HUNDRED TWENTY DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
(E) (I) AN AUTHORITY HAVING JURISDICTION MAY REQUIRE:
(1) A DISTRIBUTED GENERATION ENERGY FACILITY TO BE SITED AS FOLLOWS,
WITH SETBACK DISTANCES MEASURED FROM THE NEAREST EDGE OF ANY COMPONENT
OF THE FACILITY:
SETBACK DESCRIPTION SETBACK DISTANCE
OCCUPIED COMMUNITY 150 FEET FROM THE NEAREST
BUILDINGS AND DWELLINGS POINT ON THE OUTSIDE WALL
ON NON-PARTICIPATING OF THE STRUCTURE
PROPERTIES
BOUNDARY LINES OF NONE
PARTICIPATING PROPERTY
PUBLIC ROAD RIGHTS-OF-WAY 50 FEET FROM THE
NEAREST EDGE
BOUNDARY LINES OF NON- 50 FEET TO THE NEAREST POINT
PARTICIPATING PROPERTY ON THE PROPERTY LINE OF THE
NON-PARTICIPATING PROPERTY
FEDERAL JURISDICTIONAL SHALL BE NO MORE RESTRICTIVE THAN
WETLANDS UNITED STATES ARMY CORPS OF
ENGINEERS' MOST CURRENT RULES
NEW YORK STATE DEPARTMENT SHALL BE NO MORE RESTRICTIVE THAN
OF ENVIRONMENTAL NEW YORK STATE DEPARTMENT OF
CONSERVATION WETLANDS ENVIRONMENTAL CONSERVATION'S
MOST CURRENT RULES
(2) A DISTRIBUTED GENERATION ENERGY FACILITY TO BE SITED SO THAT THE
FACILITY'S PERIMETER IS ENCLOSED BY FENCING HAVING A HEIGHT OF AT LEAST
SEVEN FEET AND NO MORE THAN TWENTY-FIVE FEET; AND
(3) A DISTRIBUTED GENERATION ENERGY FACILITY TO BE SITED SO THAT NO
COMPONENT OF A SOLAR PANEL HAS A HEIGHT OF MORE THAN TWENTY FEET ABOVE
GROUND WHEN THE SOLAR ENERGY FACILITY'S ARRAYS ARE AT FULL TILT.
(II) AN AUTHORITY HAVING JURISDICTION MAY NOT SET A SOUND LIMITATION
FOR ANY COMPONENTS IN A DISTRIBUTED GENERATION ENERGY FACILITY THAT IS
MORE RESTRICTIVE THAN THE SOUND LIMITATIONS ESTABLISHED BY THE AUTHORITY
HAVING JURISDICTION FOR ANY OTHER USE OR ACTIVITY.
(III) AN AUTHORITY HAVING JURISDICTION MAY NOT PLACE ANY RESTRICTION
ON THE INSTALLATION OR USE OF A DISTRIBUTED GENERATION ENERGY FACILITY
UNLESS IT ADOPTS AN ORDINANCE THAT COMPLIES WITH THIS SUBDIVISION. AN
AUTHORITY HAVING JURISDICTION MAY NOT ESTABLISH SITING STANDARDS FOR
SUPPORTING FACILITIES THAT PRECLUDE DEVELOPMENT OF DISTRIBUTED GENER-
ATION ENERGY FACILITIES. A REQUEST FILED WITH AN AUTHORITY HAVING JURIS-
DICTION TO LOCATE OR MODIFY ANY PERMIT FOR A DISTRIBUTED GENERATION
ENERGY FACILITY, SHALL BE APPROVED IF THE REQUEST IS IN COMPLIANCE WITH
S. 8119 4
THE STANDARDS AND CONDITIONS IMPOSED IN THIS SECTION, THE ZONING ORDI-
NANCE ADOPTED CONSISTENT WITH THIS SECTION, AND THE CONDITIONS IMPOSED
UNDER STATE AND FEDERAL STATUTES AND REGULATIONS.
(IV) AN AUTHORITY HAVING JURISDICTION MAY NOT ADOPT ZONING REGULATIONS
THAT LIMIT, PERMANENTLY OR TEMPORARILY, THE NUMBER OF DISTRIBUTED GENER-
ATION ENERGY FACILITIES FROM BEING DEVELOPED OR OPERATED IN ANY DISTRICT
ZONED TO ALLOW AGRICULTURAL OR INDUSTRIAL USES.
(V) AN AUTHORITY HAVING JURISDICTION MAY NOT REQUIRE PERMIT APPLICA-
TION OR OTHER FEES FOR A DISTRIBUTED GENERATION ENERGY FACILITY THAT ARE
UNREASONABLE. ALL APPLICATION FEES IMPOSED BY THE AUTHORITY HAVING
JURISDICTION SHALL BE CONSISTENT WITH FEES FOR PROJECTS IN THE AUTHORITY
HAVING JURISDICTION WITH SIMILAR CAPITAL VALUE AND COST.
(VI) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, AN AUTHORITY
HAVING JURISDICTION SHALL NOT REQUIRE STANDARDS FOR CONSTRUCTION, DECOM-
MISSIONING, OR DECONSTRUCTION OF A DISTRIBUTED GENERATION ENERGY FACILI-
TY OR RELATED FINANCIAL ASSURANCES THAT ARE UNREASONABLE OR PRECLUDE
DEVELOPMENT OF DISTRIBUTED GENERATION ENERGY FACILITIES. THE AMOUNT OF
ANY DECOMMISSIONING PAYMENT SHALL BE LIMITED TO THE COST IDENTIFIED IN
THE DECOMMISSIONING OR DECONSTRUCTION PLAN MINUS THE SALVAGE VALUE OF
THE PROJECT. DECOMMISSIONING VALUES SHOULD BE UPDATED EVERY FIVE YEARS
FOR THE FIRST TWENTY YEARS OF OPERATION AND EVERY YEAR THEREAFTER.
(VII) AN AUTHORITY HAVING JURISDICTION MAY NOT CONDITION APPROVAL OF A
DISTRIBUTED GENERATION ENERGY FACILITY ON A PROPERTY VALUE GUARANTEE,
MAY NOT REQUIRE A FACILITY OWNER TO PAY INTO A NEIGHBORING PROPERTY
DEVALUATION ESCROW ACCOUNT, AND MAY NOT CONDITION APPROVAL ON THE
PROJECT ENTERING INTO A PAYMENT IN LIEU OF TAXES (PILOT) AGREEMENT OR A
COMMUNITY BENEFIT AGREEMENT.
(VIII) AN AUTHORITY HAVING JURISDICTION MAY REQUIRE REASONABLE VEGETA-
TIVE SCREENING SURROUNDING A DISTRIBUTED GENERATION ENERGY FACILITY BUT
MAY NOT REQUIRE EARTHEN BERMS OR SIMILAR STRUCTURES.
(IX) AN AUTHORITY HAVING JURISDICTION SHALL CALCULATE LOT COVERAGE FOR
DISTRIBUTED GENERATION ENERGY FACILITIES BASED ONLY ON THE IMPERVIOUS
SURFACES ASSOCIATED WITH THE FACILITY. IMPERVIOUS SURFACES INCLUDE THE
FOUNDATIONS OF SOLAR PANELS, ACCESS ROADS, AND OTHER STRUCTURES OR
INSTALLATIONS THAT PREVENT THE INFILTRATION OF WATER INTO THE GROUND.
SOLAR PANELS THEMSELVES SHALL NOT BE CONSIDERED IMPERVIOUS SURFACES FOR
THE PURPOSES OF LOT COVERAGE CALCULATION, PROVIDED THAT THE GROUND
BENEATH THE PANELS REMAINS PERVIOUS AND CAPABLE OF ABSORBING WATER.
3. DEVELOPERS OF A DISTRIBUTED GENERATION ENERGY FACILITY SHALL OFFER
RESIDENTS OF THE HOST COMMUNITY THE RIGHT OF FIRST REFUSAL TO SUBSCRIBE
TO AND RECEIVE UTILITY BILL CREDITS FROM SUCH PROJECT AT A DISCOUNTED
RATE. THIS RIGHT OF FIRST REFUSAL SHALL BE IN EFFECT FOR THE FIRST TWO
MONTHS AFTER SUBSCRIPTIONS BECOME AVAILABLE, AND SHALL BE OFFERED IN ALL
CASES WHERE IT DOES NOT CONFLICT WITH THE PROGRAM RULES OR OPERATING
PROCEDURES OF UTILITY- FEDERAL- OR STATE-ADMINISTERED PROGRAMS TO DELIV-
ER UTILITY BILL SAVINGS TO LOW- TO MODERATE-INCOME ELECTRICITY CUSTOM-
ERS.
4. (A) WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS SECTION, THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL DEVELOP AND PROMULGATE
RULES AND PERMIT REQUIREMENTS SPECIFICALLY FOR THE SITING, CONSTRUCTION,
AND OPERATION OF DISTRIBUTED GENERATION ENERGY FACILITIES ON AND ADJA-
CENT TO WETLANDS.
(B) SUCH RULES AND PERMIT REQUIREMENTS SHALL BE CONSISTENT WITH AND NO
MORE RESTRICTIVE THAN THE GUIDELINES ESTABLISHED BY THE UNITED STATES
ARMY CORPS OF ENGINEERS FOR RENEWABLE ENERGY PROJECTS ON AND AROUND
WETLANDS IN NATIONWIDE PERMIT 51 - LAND-BASED RENEWABLE ENERGY GENER-
S. 8119 5
ATION FACILITIES. THIS INCLUDES, BUT IS NOT LIMITED TO, CONSIDERATIONS
FOR WETLAND DELINEATION, IMPACT MINIMIZATION, MITIGATION MEASURES, AND
MONITORING REQUIREMENTS.
(C) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL ENSURE THAT THE
RULES AND PERMIT REQUIREMENTS PROVIDE CLEAR GUIDANCE ON THE FOLLOWING:
(I) PROCEDURES FOR OBTAINING NECESSARY PERMITS FOR SOLAR INSTALLATIONS
ON AND ADJACENT TO WETLANDS;
(II) STANDARDS FOR MINIMIZING ADVERSE IMPACTS ON WETLAND FUNCTIONS AND
VALUES; AND
(III) REQUIREMENTS FOR COMPENSATORY MITIGATION TO OFFSET ANY UNAVOID-
ABLE IMPACTS TO WETLANDS.
(D) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL CONSULT WITH
RELEVANT FEDERAL, STATE, AND LOCAL AGENCIES, AS WELL AS STAKEHOLDERS,
INCLUDING ENVIRONMENTAL ORGANIZATIONS AND THE SOLAR ENERGY INDUSTRY, TO
ENSURE THAT THE RULES AND PERMIT REQUIREMENTS ARE COMPREHENSIVE AND
PRACTICABLE.
(E) THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL REVIEW AND
UPDATE THESE RULES AND PERMIT REQUIREMENTS PERIODICALLY TO REFLECT
ADVANCEMENTS IN TECHNOLOGY, CHANGES IN FEDERAL GUIDELINES, AND NEW
SCIENTIFIC INFORMATION REGARDING WETLAND CONSERVATION AND SOLAR ENERGY
DEVELOPMENT.
5. (A) AUTHORITIES HAVING JURISDICTION WITH EXISTING SOLAR LAWS IN
COMPLIANCE WITH THIS SECTION MAY NOT ENACT MORATORIA PREVENTING DISTRIB-
UTED GENERATION ENERGY FACILITIES.
(B) AUTHORITIES HAVING JURISDICTION WITHOUT EXISTING SOLAR LAWS IN
COMPLIANCE WITH THIS SECTION MAY ENACT A SINGLE MORATORIUM IN ORDER TO
DEVELOP SUCH A LAW, WHICH SHALL NOT EXCEED SIX MONTHS AND WHICH MAY NOT
BE RENEWED OR EXTENDED. AUTHORITIES HAVING JURISDICTION MAY SEEK TECHNI-
CAL ASSISTANCE FROM THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY TO ENSURE COMPLIANCE WITH THIS SECTION.
6. (A) THE DEPARTMENT OF STATE SHALL ENFORCE THIS SECTION. SUCH
DEPARTMENT SHALL HAVE THE AUTHORITY TO ENSURE THAT ALL LOCAL LAWS AND
REGULATIONS COMPLY WITH THE PROVISIONS OF THIS SECTION.
(B) (I) THE DEPARTMENT OF STATE SHALL REVIEW LOCAL LAWS AND REGU-
LATIONS RELATED TO THE SITING AND PERMITTING OF DISTRIBUTED GENERATION
ENERGY FACILITIES TO ENSURE COMPLIANCE WITH THIS SECTION.
(II) BEGINNING ONE HUNDRED TWENTY DAYS AFTER THE EFFECTIVE DATE OF
THIS SECTION, THE DEPARTMENT OF STATE MAY REQUIRE MUNICIPALITIES TO
SUBMIT THEIR LOCAL LAWS AND REGULATIONS FOR REVIEW AND APPROVAL. MUNICI-
PALITIES SHALL PROVIDE SUCH DEPARTMENT WITH ANY REQUESTED DOCUMENTATION
WITHIN THIRTY DAYS OF SUCH A REQUEST.
(C) THE DEPARTMENT OF STATE SHALL HAVE THE AUTHORITY TO PROMULGATE
REGULATIONS NECESSARY TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS
SECTION. SUCH REGULATIONS SHALL BE ADOPTED IN ACCORDANCE WITH THE STATE
ADMINISTRATIVE PROCEDURE ACT.
§ 3. This act shall take effect immediately.
